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(영문) 인천지방법원 2019.01.25 2018고정2440

배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 120,00,00, and Defendant B and C by a fine of KRW 90,000,00, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A A is a captain who takes overall charge of the operation and fishing activities of D (241 ton, steel, 17 passengers on board, hereinafter “instant fishing vessel”) among the low-powered fishing vessels being towed by both vessels of China. Defendant B is a captain who takes charge of the management and operation of fishing gear on deck by assisting the captain, instructs the crew to operate and operate fishing gear on deck, and takes charge of the navigation of the instant fishing vessel. Defendant C is an engineer who takes charge of the management and maintenance of major agencies, such as engine of the said fishing vessel, and the management of catches taken place.

No foreigner shall conduct fishery activities in a specific prohibited zone designated for the protection of fishery resources or coordination in fisheries among the exclusive economic zones of the Republic of Korea.

Nevertheless, at around 21:00 on August 6, 2018 (Korean time; hereinafter the same shall apply) the Defendants loaded five-meters of low-net fishing gear (45 meters in width per meter, 300 meters in length) on the instant fishing vessel at public waters of Taesung (hereinafter referred to as "Korea") and boarded crew members, and also depart from the route E with which they are engaged in fishing. At around 20:30 on the 15th day of the same month, the Defendants started 23 nautical miles from the northwestwest-do, Incheon, Incheon, Cheong-gun, Incheon (38.5 minutes in north latitude, 01.5 minutes in north latitude, 124.5 minutes in east, 127.5 minutes in East, and 6 nautical miles in the specific exclusive economic zone of the Republic of Korea) and started 2000 mal miles in Incheon, 300 mal miles 20 mal miles of the said vessel.

As a result, the Defendants conspired to conduct fishery activities in a specific exclusive economic zone of the Republic of Korea.

Summary of Evidence

1. Each of the Defendants’ names.